Flagler sheriff: State ethics complaint 'has no merit whatsoever'

FRANK FERNANDEZ, Staff writer

Wednesday

Apr 25, 2012 at 12:01 AMAug 15, 2012 at 2:07 PM

BUNNELL -- Flagler County Sheriff Don Fleming said Tuesday he received a membership card several years ago that has allowed him access to the Hammock Beach Resort, but he was assured it had "no dollar value."

Fleming said the card has enabled him to eat at the resort's two restaurants, but he pays for all his meals and hasn't used the card to gain access to golf or any other activities.

The card is at the center of a complaint filed against Fleming with the Florida Commission on Ethics. The complaint was filed by James A. Williams, a former deputy who was fired from the Flagler County Sheriff's Office in March 2008 and now supports one of Fleming's political opponents, Jim Manfre, in this year's election.

In the complaint, Williams claimed the sheriff approached him in 2005 to see about a free membership to the resort. Williams claims the membership is worth up to $20,000 and should have been reported as a gift.

The sheriff, though, said he never approached anyone for the card and specifically said he never talked to Williams about a membership at Hammock Beach Resort.

"I don't recall," Fleming said when asked who gave him the card. "It was awhile back. It might have been Bobby Ginn (the resort's former developer) ... They told me it had no dollar value whatsoever."

Fleming also released a written statement: "I would like to state that I fully intend to cooperate with the ethics commission, as I have not violated any of the ethics laws. This complaint has no merit whatsoever, and I expect to be totally vindicated. It is my opinion that this is politically and personally motivated."

Williams said he filed the complaint against Fleming on April 3. As a policy, the ethics commission does not confirm or deny that an ethics complaint has been received. The commission does not release information on a case until it makes a ruling.

Williams also told The News-Journal last week that he was fired from the Sheriff's Office without cause. However, records provided by the Sheriff's Office on Tuesday show he was fired during his probationary period after an internal affairs investigation found he falsified Sheriff's Office records, reports or communication.

Williams could not be reached for comment Tuesday.

The News-Journal called a number of Flagler officials, including elected constitutional officers and city and county officials, and did not find any other local official with any kind of membership to the Hammock Beach Resort.

Fleming said the only facilities he uses at the resort are the restaurants. "I sit there. I get a bill. I pay for it," he said.

Fleming did not list the membership to the Hammock Beach Resort on any of his required gift filings obtained by The News-Journal.

Office holders must report gifts that are valued at more than $100 if the gifts are from non-relatives or non-lobbyists, said Kerrie Stillman, spokeswoman for the Florida Commission on Ethics. Failing to report such a gift is a civil violation, not a criminal violation, she said.

Violators face a civil penalty of up to $10,000 per violation, a public reprimand and/or removal from office. Gifts of more than $100 from lobbyists are prohibited, she said.

In his ethics complaint, Williams said he was director of security for the Ginn Co. at the Hammock Beach Resort in 2005 when the sheriff approached him about a free membership. Williams said he learned not long after that Fleming had received it, according to the complaint.

Williams put the value of the membership at about $20,000. But Hammock Beach Resort spokesman Matt Owen did not return calls or an email seeking the prices of resort memberships.

"I personally observed Sheriff Fleming on numerous occasions using his gift of free membership," Williams wrote in the complaint, adding that he checked Fleming's gift disclosure forms and did not find it listed.

"As a retired law enforcement officer, I feel that this is an egregious breach of ethics and shows total disdain towards the men and women of the Flagler County Sheriff's Office and the fine residents of Flagler County," he wrote in the complaint. "I respectfully request that this matter be investigated by the Commission on Ethics."

Records released Tuesday by the Sheriff's Office show Williams was fired after working as a deputy from September 2007 to March 2008. An internal affairs investigation found he did not follow Sheriff's Office policy regarding the handling of civil cases, which is punishable by a verbal reprimand. He also was cited for "falsifying Sheriff's Office records, reports, or communication," which calls for punishment ranging from a verbal reprimand, written reprimand, suspension or demotion and termination.

The internal affairs investigation stemmed from a disturbance call handled by Williams and another deputy on Feb. 2, 2008. Robert and Linda McMillan were divorcing and a settlement allowed her to live in their house while her ex-husband, a Realtor, tried to sell it, sheriff records show.

Linda McMillan was supposed to leave when the house was being shown, but on that day, her husband complained to the Sheriff's Office that his ex-wife was refusing to leave and causing a disturbance, records show.

Williams and another deputy responded, and Linda McMillan later complained that the deputies yelled at her. She left the house but later returned, and Williams returned alone, she said in her complaint. She refused to leave and Williams became "extremely angry," she said in her complaint. She was so scared of him that she asked her 12-year-old daughter to call 9-1-1 and ask for another deputy to respond, and then Williams left, records show.

In his report, Williams said the people were told to leave the house during the disturbance. But 27 days later, he gave the Sheriff's Office a sworn statement denying he ever ordered anyone to leave the house.

"Clearly, Deputy Williams' Police Report and his sworn statement conflict with each other," according to the internal affairs investigation. "This would indicate that either the Police Report or Deputy Williams' statement is misrepresenting the acts of the incident."

The Sheriff's Office terminated Williams' employment effective March 28, 2008, according to a March 27, 2008, memo signed by Fleming.

When Williams was fired, he was also under investigation by the Sheriff's Office for a crash in his patrol car in the parking lot of Matanzas High School on Feb. 18, 2008, according to the sheriff's records. The crash caused extensive damage to the patrol car and his Sheriff's Office laptop.

The sheriff reiterated that he believes politics are behind Williams' ethics complaint against him. Fleming is running for re-election and is being opposed by five challengers so far, according to the Flagler County Supervisor of Elections website.